Criminal Justice

Quiz #1

Burglary - Second Degree

With intent to commit a felony or theft

Not dwelling

Sentence for Second Degree Burglary

1-5 years

Voluntary Manslaughter

Causes the death of another human being under circumstances which would otherwise be murder

Acts solely as the result of a sudden, violent, and irresistible passion

Sentence for Voluntary Manslaughter

1-20 years

Burglary - First Degree

With intent to commit a felony or theft

Enters the dwelling of another

Sentence for First Degree Burglary

1-20 years

Kidnapping

Abducts or steals another without lawful authority or warrant

Also called Asportation

Sentence for Kidnapping

1-20 years

If bodily injury, life imprisonment

Aggravated Battery

Maliciously causes bodily harm to another

Deprives one of a member of their body or renders it useless

Seriously disfigures the body

Sentence for Aggravated Battery

1-20 years

Rape

Carnal knowledge of female

Forcibly and against her will

Sentence for Rape

25 years to life

Aggravated Assault

Assault with intent to murder, rape, or rob

With a deadly weapon or a device likely to or actually does result in serious bodily injury or strangulation

Sentence for Aggravated Assault

1-20 years

Involuntary Manslaughter

Causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony

Sentence for Involuntary Manslaughter

1-10 years

Child Molestation

Any immoral or indecent act to or in the presence of a minor child

With intent to arouse the sexual desires of the person

Sentence for Child Molestation

5-20 years

Armed Robbery

With intent to commit theft

By use of an offensive weapon (or a device having the appearance of one)

Sentence for Armed Robbery

10-20 years or Life

Theft by Taking

Unlawfully takes property of another

Or being in lawful possession, unlawfully appropriates

With intention of depriving the owner of the property

Assault

Attempt to commit a violent injury

Commits an act which places another in reasonable apprehension of immediately receiving a violent injury

Malice Murder

A person commits homicide with an express or implied malice

Criminal Attempt

A person performs any act which constitutes a substantial step toward the commission of that crime

Crime

A violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence

Robbery

With intent to commit theft

Takes property of another

Mail Fraud

Scheme to defraud to obtain money or property

By use of mail

Criminal Case

Brought by district attorney

Seeks to punish

Beyond a reasonable doubt

Wire Fraud

Scheme to artifice to defraud to obtain money or property

By wire communications

Express Malice

Deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof

Implied Malice

Malice shall be implied where no considerate provocation appears and where all the circumstances of the killing show an abandoned and malignant heart

Burglary

With the intent to commit a felony or theft therein, a person remains within an occupied, or vacant structure designed for use the dwelling of another

Delusional Compulsion

The person acted as he did because of a delusional compulsion as to such act which overmastered his will to resist committing the crime

Conspiracy

When multiple people conspire to commit any crime

Deadly Force

May only be used to prevent death or great bodily injury

Civil Case

Brought by private individual

Seeks money damages (compensation)

By a preponderance of the evidence

Involuntary Intoxication

Intoxication caused by consumption of a substance through excusable ignorance or the coercion, fraud, artifice, or contrivance of another person

Can be used for self-defence

Felony Murder

In the commission of a felony, a person causes the death of another human being irrespective of malice

Requirements for Self-Defence

Reasonable belief that force is necessary

Against imminent use of unlawful force

Insanity

The person did not have the mental capacity to distinguish right and wrong during the time of that act, omission, or negligence constituting the crime